Amendments to Art. VI (proposed by Giuseppe Martinico and Cristina Fasone)

[Giuseppe Martinico]

Here are some punctual comments and amendments to Art. VI that I propose together with Prof. Cristina Fasone

When the text reads: “The judicial power of the United States of Europe is vested in a Constitutional Court of Justice. European Congress may decide to install lower federal courts in States”.

Our comment is: “This should be coordinated with other passages mentioning a federal Supreme Court. Are they(the constitutional and the supreme court) the same? ”

On Section 2: “Powers of Federal Courts”

Our comment: “We would add more on the relationship between state courts and federal courts in particular, the Constitutional Court of Justice, making use of the crucial tool of the preliminary reference procedure by states courts to the Constitutional Court of Justice and to introduce the reverse mechanism (the Constitutional Court should be enabled to make preliminary referrals to Supreme and Constitutional Courts in the State at least.

Something more should be said on the access and the standing in front of the federal court and the Constitutional Court, in particular. We as European have a much richer legacy in this respect compared to the US Constitution of 1787, which is used as a model here”

When the text reads “2. European Congress has the power to declare the punishment for high treason, but in no way a verdict of high treason shall lead to attainder or confiscation for the offspring of the convicted person.”

Our question: ” Where is the executive branch regulated and its President, mentioned above? No reference to the relationship between the executive and the legislature”

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